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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116790
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was terminated from my job wen I was approved for led,

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I was terminated from my job wen I was approved for led, long term disability
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New Jersey
JA: Has anything been filed or reported?
Customer: To whom?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Customer: replied 6 months ago.
I was not offered extended leave as an accomodation, as at the time I did not have diagnosis.
H.R. Was aware that I wanted to keep my job.
I have many emails regarding this. They told me I had to be terminated!!
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you were terminated for exercising your right under your long term disability, you can seek to file suit for wrongful termination. Even in at will employment, the employer is prevented from terminating an employee for exercising a legal right, as it would be against public policy to do so. Thus, as you had a right to your LTD, to terminate you for exercising that right would make the discharge wrongful and give you a right to sue for which you need to engage a local employment law attorney.
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Customer: replied 6 months ago.
Thank you, ***** ***** anything else I should know? I am devastated. I am currently receiving SSDI. I was a model employee I earn many many rewards! I am a 53-year-old with only a high school education and because of my skills I became an engineer at my company making a six-figure salary. I will never be able to get another job that pays that much with my education.

Thank you for your reply.

Quite honestly, they should not have terminated you just because you took leave, so you need to stand up for your rights and get a local attorney to pursue them if that is how they will treat someone who has dedicated that much to their company. However, if you could not return to work regardless of whether they terminated you, that would be the only thing that would defeat your claim.

Customer: replied 6 months ago.
would I then have to get off of SSDi? I would not be able to go back to my job as a Systems integration test engineer because of my illness, because it is a very physical job and requires a lot of travel but I cannot do now. But I could do other engineering tasks that do not require travel
Thank you for your reply.
Well the purpose of SSDI is for someone who is disabled permanently and cannot work any longer. So if you wanted a reasonable accommodation in some other engineering role, you would lose SSDI.
Customer: replied 6 months ago.
I know, however I don't think I can work, I have a genetic muscle disorder along with peripheral neuropathy, small fiber neuropathy and cubitalntunnel and carpal tunnel in both arms.
Customer: replied 6 months ago.
Can I still file suit even tho I can't work?
Customer: replied 6 months ago.
I didn't have these diagnosis at the time of termination it took 1 whole year
Customer: replied 6 months ago.
My original question was regarding reasonable accomodation of extended leave, which they didn't offer me. They just let me go, if I had extended leave inevitably i would of had work part time or in another capacity that doesn't require typing, standing or walking
Customer: replied 6 months ago.
Do you understand?

Thank you for your reply.

If you were on SSDI at the time they did not need to offer the accommodation. If you did not go on SSDI until after they terminated you, then it is as I said above a violation of the ADA and you need to file a complaint with the EEOC

The issue is when you went on SSDI. If you went on SSDI because they refused you accommodation, then yes, you have a complaint to file with the EEOC.

Customer: replied 6 months ago.
I believe that I was not on SSDI at the time they terminated me. I was on long-term disabilitywhich is a benefit my company offers.
Customer: replied 6 months ago.
I was in very bad shape, they terminated my employment before they sent me the reasonable accommodation form. Stop my pay completely. I had back to six months worth of sick time and vacation time. Then they realize the mistake they made and then they sent me the accommodation form , But they did not offer me extended leave. And I could not of return to work in any capacity at that time
Customer: replied 6 months ago.
I will verify the date of SSDI. And if it is after the termination date I will file a claim. It is been three years now. I just started researching this, is that a problem?

Yes, that is a problem, because you have 300 days to file a complaint of discrimination. If this was all 3 years ago, then you are barred by the statute of limitations from taking any legal action. I am sorry you had an action if you filed it within 300 days, but not 3 years ago.

Customer: replied 6 months ago.
Oh my God, I was just not well enough to look into this.

Thank you for your reply.

I am sorry, I wish I did not have to tell you what I just had to tell you, but 300 days is the statute of limitations.

Customer: replied 6 months ago.
OK here's another question. I was reviewed by SSDI and granted disability permanently. CIGNA long-term disability insurance company has denied my benefits claiming that I am not disabled and I can do what Is called " any occupation".I received 60% of my salary for two years now. There is no way that I can do in any job without having been educated and making the same salary as I did at BA I received 60% of my salary for two years now. There is no way that I can do in any job without having being formally educated and making the same salary as I did at BA E. Which the policy states. I am in the process of appealing that decision
Customer: replied 6 months ago.
Is there anyway to get around that 300 day statute? I have had surgeries, IV IG injections for six months. This was the last thing I was thinking about at that time!
Customer: replied 6 months ago.
That's terrible, people dealing with serious illness n possibility of death r not looking into that. I was just concerned that I have my life insurance policy still and money coming in for my family.
Customer: replied 6 months ago.
Thank you for your advice! I think that statute should change.

Thank you for your reply.

I wish I had better legal news to give you, I truly do indeed wish I could tell you that you had a way around the statute of limitations. I am so sorry to tell you that. It is terrible, but you do have SSDI and an appeal because CIGNA cannot deny what SSDI found regarding you being disabled.

Customer: replied 6 months ago.
Wow!! Thank you!

Thank you for your reply.

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